John Chiv: Allen McCloskey sues HCSO and DHHS for ICWA violations, malicious prosecution and other causes of action

Mar 11, 2023

Allen McCloskey sues HCSO and DHHS for ICWA violations, malicious prosecution and other causes of action

Last night, I received two documents from Allen McCloskey. He prefaced the first document with:

I’ve asked for the complaint to be sent to you in its entirety and to not bother sending to other local “media” as they have zero interest in real facts and the true spirit of the law.

The second document is a 25 page complaint. I am not posting 25 pages at this initial stage. A case management conference is scheduled for 7/10.

The public is free to go check out the complaint for themselves. Considering the entities and people McCloskey is calling out, I am sure the other local media can and will get a copy or be handed one from any party McCloskey is mentioning in the complaint.

I am posting some excerpts about McCloskey's claims and allegations against HCSO, Hoopa Tribal Police, a Humboldt Superior Court judge, Providence, Lost Coast Outpost and two local law firms including Eric Kirk's firm.

On February 23, I did this post on McCloskey sending a letter to the County about potential litigation to several people, local media which included the Humboldt County Board of Supervisors, Humboldt County Counsel and Humboldt Grand jury. It pertained to sexualized comments by First District Supervisor Rex Bohn.

In September 2022, I did a post on McCloskey seending a notice of intent to pursue civil litigation against HCSO and DHHS.

In December 30, 2021, I reported about a statement Allen McCloskey addressed to Humboldt County Sheriff William Honsal. There were several parties cced including the California Attorney General, Bureau of Indian Affairs, Trinidad Rancheria, Health and Human Services and McCloskey's counsel.

In October 2021, I reported about McCloskey's arrest by HCSO on N. Westhaven for PC 496(A) receiving stolen property, PC 30305 (a) possession of ammunition by a prohibited person, PC29800(A) felon in possession of a firearm and PC496D(A).

I checked for several weeks and months after the arrest and McCloskey was never charged by the DA.

I was the first one to report on McCloskey's arrest and a day before any press release was issued. While the other media reported on McCloskey's arrest, they have not printed anything else. I know that McCloskey sent the February 23 letter to other local media because they are cced on the email.I received.

Page 2:

Pages 4 &5:

Page 7:

Page 10 and 11:

This post got the attention of an expert trial litigator.

This lawyer who has practiced all over California said, "An in pro per cannot represent other plaintiffs because if he does that is unauthorized practice of law. An in pro per can only represent themselves. If he gets a lawyer then a lawyer can represent multiple plaintiffs (as long as there is no conflict) but the law is clear that an in pro per can only represent themselves, and thus the way his complaint is stylized it is fatally defective. If he put all the plaintiffs as in pro pers on the pleading and they all signed it, then it would be allowed but he did not do it that way."

Evelyn Natt is McCloskey's grandmother. She passed away in December 2022.

"Dead people cannot ever participate in litigation. Heirs in the sense of a Wrongful Death action are the proper plaintiffs. Or an estate or a person's personal representative (the latter gets dicey). "

Mcloskey's first name is mispelled in the e court system. It was fixed after this post.